Meeting at the Home of FIFA in Zurich, the FIFA Executive Committee, 20 October 2011, unanimously adopted the following resolution, in relation with the case of the Swiss club FC Sion/Olympique des Alpes SA (OLA). FIFA Vice-President and UEFA President Michel Platini declined to participate to this decision due to his involvement in the case and left the meeting room when this resolution was discussed.
Resolution adopted by the FIFA Executive Committee on 20 October 2011:
The FIFA Executive Committee,
Considering the recent developments in the case of the Swiss club FC Sion/Olympique des Alpes SA (OLA) and the six players who signed with the club still under a transfer ban and who have now lodged a claim at ordinary courts in Switzerland to receive their registration,
Recalling that the FIFA Dispute Resolution Chamber (DRC) handed FC Sion/OLA a transfer ban lasting two full and consecutive transfer periods and that this was confirmed by the independent international Court of Arbitration for Sport (CAS) and the Federal Supreme Court of Switzerland,
Recalling that the DRC reminded FC Sion/OLA, upon their request, with its decision dated 25 May 2011 of their pending transfer ban, and that the Swiss Football League (SFL) refused to register the six players who signed for the club,
Recalling that the latter decisions became final and binding,
Recalling that according to art. 64 par. 2 of the FIFA Statutes recourse to ordinary courts of law is prohibited,
Recalling that both FC Sion/OLA and the six players accepted by several agreement and due to the FIFA Statutes that CAS is the sole judical authority to resolve disputes between FIFA, clubs and players,
Recalling that organised football of FIFA would no longer be possible if every club or player went to a local court when they disagreed with decisions which became final and binding,
Reiterating its serious concern that the structure of organised football is in danger if clubs and players do not respect the Statutes of FIFA, the Confederations and the associations,
Supporting the decisions taken by UEFA confirming that the six players signed by OLA during the last transfer period were not entitled to participate in the UEFA Europa League and declaring the matches in which these players participated to have been forfeited as well as the decision of the Swiss Football League to suspend the six players and the opening of disciplinary proceedings against FC Sion/OLA,
1. Calls on all members of FIFA, including players and clubs, to respect art. 64 par. 2 of the FIFA Statutes, which prohibits recourse to ordinary courts;
2. Calls on all members of FIFA, including players and clubs, to recognise CAS as the appeal body in accordance with the Statutes of FIFA;
3. Calls on all members of FIFA to enforce final and binding decisions of FIFA, the Confederations and CAS.
Source : FIFA
